Zoe’s Feeds

Tag: Gender Recognition Act

News emerged yesterday* that the Gender Recognition Panel (GRP) is delaying and possibly denying legal gender recognition because a trans person has had children whilst living in their new gender – an act which is completely unjustified, given that the Gender Recognition Act does not require someone who has transitioned to refrain from sex that may get them or their partner pregnant.

At best, this delay is of questionable legality and reveals a dangerous element of (hopefully inadvertent) transphobia in the decision making process of the panel, likely fueled by ill-informed and sensationalist media coverage.

But at worst, the panel are willfully intruding into the area of reproductive justice. Coercive sterilisation of trans people has long been a major concern, but one that was until yesterday limited to countries other than the UK. Questioning the commitment of any trans person who has the audacity to exercise their reproductive rights is simply an attempt to force de-facto sterilisation via the back door, something considered a human rights abuse by the Council of Europe.

What is also of concern is that the panel based the decision to request more information on the publication of a newspaper article. This has the effect of penalising those who engage with the media as part of a campaign for equality. It will also hinder people who, as is often the case with members of the trans community, have been outed without their consent and have had deliberately misleading or inaccurate information about them distributed in order to sensationalise a story.

In an older case, the panel delayed an application because a doctor correctly decided that the information that a trans person had a wife and children was of no relevance and did not include it in their report. Another doctor did mention it, and thus the panel decided it should investigate further to ensure the first doctor was giving his opinion “in light of the correct factual situation”.

It is entirely possible that the Gender Recognition Panel does not realise the gross errors it is making, as having any experience of trans matters is not a requirement to sit on the panel. According to the Gender Recognition Act, “the only persons who may be appointed to the [panel] are persons who have a relevant legal qualification (“legal members”), or are registered medical practitioners or registered psychologists“. There is no further requirement given, beyond specifying exactly what legal qualifications legal members needs.

That means that being a doctor or lawyer in any field whatsoever is a more necessary qualification for determining someone’s gender than having any first hand experience of the topic whatsoever.

PS. If you have had a similar experience with the Gender Recognition Panel delaying an application because you have had a child, UK Trans Info would like to hear from you – email info@uktrans.info.

The original tweet, although anonymous and not made by the original applicant, was removed the following day as the person to whom this happened is worried that publicity may affect their GRC application

For the last year I’ve had the good fortune to be able to serve as a member of the Liberal Democrat Equality Policy Working Group, and yesterday conference accepted the motion that came out of that, making it official party policy.

There is lots of good stuff in there, but I did want to highlight the LGBT and marriage sections in particular. We heard much evidence from other groups too, and some of the awful statistics relating to education and stop-and-search for young Afro-Caribbean men in particular stick in my mind – but others deserve the credit for campaigning on those areas, so I’ll let them talk about them.

Remember, these are now official party policy. They are not just policy of the LGBT group or aspirational aims of a subgroup. Actual official party policy. (Some of these items were already party policy, but were restated in the policy document for clarity)

LGB and LGBT issues

Review the Blood Ban. We’re currently in the ridiculous situation where a man who has sex with other men, even safe sex, is banned from giving blood for 12 months. However, it doesn’t matter how many unsafe sexual relationships anyone else has as they can still give blood. Even more confusingly, if you are a woman married to (And having sex with) a bisexual man who has ever had sex with another man, you can not give blood ever. Even if your husband can.

An evidence-based approach to tackling *phobic bullying in schools. There is an evidence-gathering programme, started by LibDem Equalities Minister Jo Swinson MP, that will report back on how we can bet do this.

“…mainstream discourses should consider more authentic ‘inclusive sexualities’ in advertising, media, and sport to help break down prejudice.“ and more specifically later on “positive images of transgender individuals in central government publications. Hopefully self-explanatory!

Trans issues

‘X’ (Unspecified) gender markers on passports. A big benefit for the non-binary community if we can make it a reality, but this is good for all trans and intersex people and society in general. There is no particular reason the state needs to concern itself with gender in the vasy majority of situations, especially when it comes to official ID. For example, did you know about the very patriarchal approach of the DVLA, which includes titles on women’s driving licenses but not men’s?

Ending the Spousal Veto. If you don’t know what the Spousal Veto is, Sarah Brown has an excellent primer here. In short, the veto was introduced by the Same-Sex Marriage Act and allows a partner to block legal gender recognition of a spouse who has transitioned and prevent them obtaining potection from employment discrimination, even after the two year wait required for the legal process.

Restoring stolen trans marriages. Under the pre-same-sex-marriage regime, even if a couple stayed together they were required to have their marriage annulled if one partner wanted to fully transition.

Removing the requirement for a diagnosis of gender dysphoria in order to obtain legal gender recognition. This would further reduce unwelcome medical gatekeeping when it comes to people’s identities, and also fix the mess that intersex people find themselves in. Currently, if you have an intersex condition and potentially had your legal gender assigned arbitrarily by a doctor at birth, you are unable to obtain a diagnosis of gender dysphoria (It’s a different diagnosis) and thus can not obtain a Gender Recognition Certificate.

Non-LGBT marriage issues

Allow the Church of England to decide itself if it wants to carry out same-sex marriage. At the moment, the Church of England is prohibited by law from carrying out same-sex marriage, but with the way things are going I can well see that changing in the not too distant future.

Allow Non-religious (Humanist) marriage ceremonies. Already permitted in Scotland, we would like to see this introduced in the rest of the UK.

Include both parent’s names on marriage certificates. Current certificates only list the father, which is a very outdated patriarchal approach.

A number of amendments for trans people have been submitted formally in parliament, but unless you’re a legal whiz with some spare time to hand it’s not immediately obvious what they are. So, here’s a quick guide to what the relevant ones do…

Amendment 4 – Prevent voiding of marriages with a trans person

At the moment, a spouse can have a marriage voided (As if it had never happened) by claiming they did not know that their partner had a gender recognition certificate at the time they married, and this amendment removes this. There is no similar provision covering, for example, religion or similar and creates a situation whereby a spouse who does know about their partner’s history later claims ignorance if their partner is not very publicly “out”.

Amendment 5 – Remove spousal veto of legal recognition of gender

Because a marriage would, under the existing system, need to be converted to or from a civil partnership on one partner transitioning, there is a requirement for an interim Gender Recognition Certificate to be issued and the existing partnership be annulled prior to full recognition of legal rights. This was done to prevent a spouse being forcibly re-entered into a new relationship (Civil partnership or Marriage) they didn’t want and could not get out of due to the one-year minimum term before divorce can be applied for in a new relationship.

This is no longer the case, but the bill did not reflect that fully. Instead, it allowed a partner to delay or potentially block someone getting full legal rights in their acquired gender by refusing to give consent, a situation that would also incur additional costs for the trans person by forcing them to use the interim GRC process.

The amendment levels the playing field by only issuing an interim GRC if both parties request it, rather than simply if the spouse refuses consent. (As it stands, it also causes an Interim GRC to be issued in the case of a civil partnership, because the current bill does not allow for mixed-sex civil partnerships)

It takes 2 years post-transition to get a GRC, so an unhappy spouse still has plenty of time to apply for divorce.

Amendment 6 is tidy-up related to amendment 5, removing clauses that are no longer relevant.

The bill did not make reissue of marriage certificates explicit, but this amendment does. It allow allows birth certificates to be reissued, with consent of all concerned. (The other named parent if the child is under 16, otherwise the child themselves)

There is still more we’d like to get done (Fixing pensions issues and swapping gendered terms like husband/wife for gender-neutral and non-binary terms like partner) but time is limited! Hopefully they’ll get in too eventually.

Of course, tabling amendments doesn’t mean they will pass but it does mean we are well on the way.

And finally, many thanks to Dr Julian Huppert MP for his help getting the amendments tabled.

Likely of interest to few people, but I try to get parliamentary business about Trans issues “out there” as it’s otherwise very poorly reported.

Following a Statutory Instrument committee yesterday, the list of “approved countries and territories” under the Gender Recognition Act has been updated for the first time since the act was passed in 2005. What this basically means is that if you have gender recognition in one of these countries, you can get a UK GRC without needing all the proof and paperwork.

One country has been removed – Latvia, apparently due to a “change in case law” and Serbia and Montenegro has been replaced with just Serbia due to the break up of the country.

Appearing on the list is not necessarily a good thing. The list indicates the there is what the UK government call a “proper assessment” as part of the gender recognition process – some countries don’t appear because their rules are considered laxer than ours. Latvia seems to be a good example of this as if the rough google translations are half way accurate, their current process appears to be too liberal and Trans-friendly for the UK Government.

Because of all the Equality Act discussion detail recently, I’ve been thinking about other trans-related legislation. An interesting and not often talked about offence is under section 22 of the Gender Recognition Act 2004 which basically makes it illegal for anyone to “out” someone if they’ve found out by virtue of being an employer or similar. Although it’s a criminal offence, the penalties are quite mild: A “Level 5″ fine, which is up to £5,000. As an upper cap, that’s pretty mild given you could quite possibly maliciously destroy someone’s life.

Firstly, kudos to the Procurator Fiscal in Scotland – I had a reply in 48 hours, well less than the 20 days they need to reply in. That’s amazing and much to their credit.

As to the responses themselves:

…there are no charge codes relating to [the Act], so no cases have been reported relating to this Act… (Procurator Fiscal)

…no cases have been reported to the PPS since the introduction of the legislation… (Public Prosecution Service Northern Ireland)

…No offences under this Act/Section are recorded on the CPS Management Information System… (Crown Prosecution Service)

So it seems that it’s such a pointless offence that not only has nobody ever been convicted, but nobody has even been prosecuted… and there has never been a reported case to consider. Does anyone have a possible case they’d like to try to report?